Commonwealth Numbered Acts

BROADCASTING SERVICES ACT 1992 No. 110 of 1992 - SECT 34

34.(1) If:

   (a)  the ABA has advertised under section 38 for applications for the
        allocation of one or more commercial television broadcasting licences
        or commercial radio broadcasting licences that are
        broadcasting services bands licences and that licence is not allocated
        or not all of those licences are allocated; or

   (b)  broadcasting services bands spectrum is available in a licence area
        but has not been made available for
        commercial television broadcasting licences or
        commercial radio broadcasting licences; or

   (c)  broadcasting services bands spectrum has been reserved under section
        31 but has not been made available for the purpose for which it was
        reserved; or

   (d)  broadcasting services bands spectrum is available but the ABA has not
        commenced or completed planning and allocation processes in relation
        to that spectrum; the ABA may decide that the part or parts of the
        radiofrequency spectrum concerned is or are available for allocation,
        for a period specified by the ABA:

   (e)  for the temporary transmission or the re-transmission of programs; or

   (f)  to providers of subscription broadcasting services, subscription
        narrowcasting services or open narrowcasting services; or

   (g)  for other purposes.

(2) In making the decision, the ABA is to have regard to:

   (a)  the possible future demand for the use of that part of the
        radiofrequency spectrum; and

   (b)  such other matters as the ABA considers relevant.